The St. Charles herald. [volume], August 11, 1883, Image 1

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ST. CHARLES HERALD.
--—-- .
--~c=- -— -
Published Every Saturday, Iu a Rich Sugar, Molasses and Rice Producing Country.
VOLUME XI.
HAHNVILLE, LOUISIANA, SATURDAY, AUGUST 11, 1883.
NUMBER 32.
O Mhub
I$y I
ölret,
If't.vo
TO A DAISY.
^■Jttle rimless wheel of Fate,
Jsilver spokes and hub of yellow.
H Kontle Kiri, in accents mellow,
Httught your aid to find a mate!
apt your slender spokes apart,
one some dear acquaintance naming?
'Phi*.* 10 wa ? bc V the lovod one, claiming
i n«oicest chamber in her heart?
ub of golden hue
her fingers' tender pressing,
methinks, she's vainly guessing
u prophesied were true.
YoiM between her finger-tips,
,HTP*y maid of wisdom magic;
"a ft worth a death so tragic
• o r the music iff her lips?
~r rmj)fmp»tcr Sherman, in Century Maga
THE TWO MARTHENS.
A Sto That Illustrate, th* gome Time
Convenience of a Double.
Ann Marthen, civil engineer ami
fail«- builder, whose headquarters
were. New York, suffered more or less
near! every day of his life for the rea
son tit there was another man of ex
actlyie same name who also lived in
New'ork but had no business or pro
fessiowhatever. The men were unlike
in alpst every particular, except that
both ere bachelors and fond of ladies.
Ansopfarthen, the engineer, earned a
pleas^f number of dollars every year
and avays paul his nillsassoon as they
were presented; his nominal double
ne vermied a penny and never paid a
hill wen he could avoid it, and as this
pecul^ity had liecome prominent
enoug to be talked about, it occasion
ally ssjected the honest Marthen to ex
asperäng indignities from persons who
knewhe name, but not the men who
Lore i The dishonest Marthen, on the
contrary, got all necessary credit at
tailors shops, livery stables, and even
hotelsrhere the existence of two Mar
thens tas not known; he had merely to
«levisejomc excuse to talk of railroads
and engineering to be taken for his en
tirely reputable double. His bills, in
the cofse of time, reached the engi
neer's jffice, and were the cause of much
profani language from the wrong Mar
then, if id much fun among the two or
tiiree ilerks and draughtsmen whom
the bisy railroad builder empl
One thng, however,he could and would
do; hevould manage to see his trouble
some dmble so that he might afterward
know hm by sight and defend himself
againsthim whenever he found himself
in dost social or business proximity
to the rtscal. h^prthen was informed
that theman who lived upon the engi
nee r's eputation was at Saratoga, so
tb« indignant man hastily packed his
trunk aid hurried oft' to that crowded
village.
On tip train he chanced to find
pleasant and entirely innocent travel
ing acqiiintance. A well dressed, not
uneomeb lady who sat in front of him
cndcavoied to raise a window and
Marthenhastened to assist her, getting
a pleasnit smile and a word of thanks
in payntnt. Marthen skillfully in
volved tic lady in conversation, and
finding, to his great delight that she
was iimUilc but not smart, quite sus
ceptible, yet not inclined to flirt, he
became wry devoted. Marthen was so
favorably impressed by his new ac
quaintane that he regretted, on leaving
the train that he had not strained his
habitual sourtesy enough to learn her
name, aid ask the honor of bein;
again allaved to meet her, for she hm
let drop tat she was a widow.
As he igned the hotel register the
clerk reactne signature and winked at
a rather nugh-looking man with whom
he had ben talking; then the rough
looking tan read the signature and
exclaimed
•'You'r< just the man I'm looking
for, Mr. Mr then; I've only just been
able to fid out where you were stop
ping; can! you give me a check for
this carriçe bill? It's been runninj
nearly a Qonth, and the boys sail
you—"
"I'm ni the man you want," said
Marthen, rst saying somethihg that
would notpok well in print.
"Your line is—"
"Yes, yi," interrupted Marthen;
"but there another man of the same
name, am he's a swindler. I came
here to rt him down; I've got de
tectives aft him; come here this even
ing and tly will put you on his track."
For an lur or more Marthen was in
a very batemper, but he grew calmer
when, strling out to look at the
crowds ((carriages and their occu
pants, heinet several acquaintances
who had tiporarily abjured billiards
or flirting t the same purpose. As he
chatted wt one of these a carriage
passed sloly and Marthen saw in it
the amiabliittlo widow he had met on
the train iffte morning. She did not
seem to regnize him, but his friend
raised his it and was smiled upon.
"Who ise, Jcnks?—tell me, quick."
"She's k Whitlayton, widow of
Will Whitlton, who was just startin
to make fortune in wool when,
couple of vis ago, he took pneumonia
an d died, f left her $20,000 or $30,
0J0, thougl , , w
"Has sneoy family?" asked Mar
then. .
"No; she takes her home wi th an
uncle and It- whom she doesn t love
any to well'm told. Excuse me a
moment," dinued Marthen's friend,
taking the at of a gentleman who was
about to patient, "here's a good fel
low you. oui to know; Crunch, do
you know niriend Anson -Marthen?
Mr. Martheilr. Crunch."
"I'm very Sad to know you, sir,
said Mr. Cray "but, if it isn't too im
pudent a qu<pn to ask on so short an
acquaintancuhy are you strolling on
foot with Freiere, while your charm
ing fiancee iding alone?"
"My liane?" exclaimed the engi
neer, In astonment, while hU friend
looked inouinv.
T hope I am not mistaken," said
Mr. Crunch. "I've been told that Mrs.
Whitlayton was soon to become Mrs.
Anson Marthen."
Marthen's face blackened, as he ex
claimed, through tightly closed teeth:
"Gentleman, this is horrible. I never
knew the lady's name until five min
utes ago. My villainous double—you
know all about hirn, Fred—that, rascal
has probably made love to her for her
money and' persuaded her to marry
him. What is to be done?"
One gentleman shrugged his shoul
ders,and the other raised his eye-brows;
Mr. Crunch finally said:
"I suppose its nobody's business; the
lady has been married before;she ought
to be able to choose for herself. ' '
"I'll make it my business," hissed
Marthen, and he turned abruptly and
hurried to his hotel, where ho had the
rood fortune to find a detective await
ng him and full of news. The scape
grace Marthen, he said, bad been living
quietly at a small Hoarding-house, but
his servant, who had not been paid for
so long that he w-as willing for a ten
dollar bill to tell all he knew, suspected
a wedding for his master had ordered a
dress suit.
Marthen almost lost his head in his
rage, but the detective rapidlv laid a
flan to entrap the rascal. He would
dire the negro to steal his master's
overcoat and hat, which he, the de
tective, would put on and then call
upon the minister, just after dark,
w'ith the hope of successfully assuming
the manner and appearance of the
rogue and worming himself into the
secret. Marthen approved the plan in
general, but insisted upon one change;
lie would w-ear the coat and hat himself.
The detective consented, for, after all,
money w as what he was working for,
and he w as being well paid for Ins ser
vices.
The negro was again bribed, and he
not only stole the overcoat and hat,
but named the hour at which his master
had told him he would go out. Then
the faithful servant led Marthen to the
sickly minister's boarding-house, while
the detective prevented the other Mar
then escaping. Marthen, the engineer,
scarcely knew- what to do; he paced
the sidewalk opposite the designated
garden; he saw- figures oocasstonally
enter and emerge, but none that he
could recognize.
Suddenly, however, just after two
plainly dressed women had passed in,
a thin figure crossed the street and
whispered:
"She is there."
"Marthen followed the preacher,won
dering in what words to break gently
to Mrs. Whitlayton the intelligence
that the man she had agreed to marry
was a worthless scamp, but before he
could say anything the lady was lean
ing on his arm, and the minister was
saying:
"As night air—ahem—is very dan
gerous to my lungs—ahem—I know
you will excuse mo for losing no time.
Anson Marthen, do you take this
woman to be your wedded wife?"
Marthen was so astonished that he
could scarcely maintain his position or
find his tongue. He recovered, how
ever, as Mrs. Whitlayton pressed
closer to his side and whispered:
"Speak—quick—if you love me!"
"1 do," said Marthen, softly, yet
earnestly.
"Yes," whispered the lady.
"Then," said the minister, "I pro
nounce you man and wife, and what
God has joined together let no man put
asunder. Mr. Marthen, I will have the
certificate ready in the morning, if you
will send for it."
"Come away at once," whispered the
bride, "If the dreadful enemies you
wrote me about should see you, what
would happen?"
Marlhen talked little but thought rap
idly as he drew his wife away and rap
idly along. At the first secluded spot
he reached, however, he placed his
arms around her, with one hand ready
to place over her mouth should she at
tempt to shriek, he rapidly explained
himself. As he had already discov
ered, Mrs. Whitlayton was not smart.
She was so dazed by all she heard that
she knew nothing but that she had been
legally married to a man whom she had
never seen but twelve hours before, but
whom she had then determined was
very much of agentleman. Whatcould
she do in her (lelicate position but act
according to his advice, which was that
they should take the night train for
New York and go to her new husband's
home and his mother? So they did,
and when they reached there, and the
son had explained to his mother, the
bride confided to her mother-in-law t hat
it seemed she had known her husband
for a year.
And the Anson Marthen who re
mained a bachelor recovered his hat and
overcoat without recourse to law .—The
Hour.
—Half a century ago a Mr. Walden,
of Portland, Me., had four strangely as
sorted pets—a paiTot, a monkey, a tame
fox and a Newfoundland puppy. The
parrot has seen his companions, one af
ter another, go the way of all flesh, and
now, at the age of sixty years, is still
one of the most important members of
Lieutenant George Walden's family.
Contemplation of the vicissitudes of life
has subdued the loquacity which was
formerly- the parrot's chief failing, and
the bird is now, to all appearances, one
of the most profound thinkers in the
State of Maine .—Boston Post.
—An electric light introduced in
a Pennsylvania coal-mine the other
day scared a lot of mules there out of
their wits; and miners said it was the
first time one of the animals was eve!
known to show fear underground.—
Philadelphia Press.
to
and
N.
side
a
and
the
the
the
It
in
is
a
to
to
in
it
of
The Rattlesnake.
In favorable localities rattlesnakes
occur in amazing plenty, and the stories
to be heard in every State, of "dens,"
where they writhe in countless numbers
and dreadful intimacy, have some
foundation. l)e Kay cites an instance
where two men, in Warren County,
N. Y., about 1840, slaughtered 1,100
rattlesnakes in three days on the eastern
side of Tongue Mountain. In 1877 a
farmer killed seventy-six raassasaugas in
a cranberry marsh of ( 'raivfom County,
Ohio, whore are still harbored many
serpents disappearing elsewhere. Some
swamps and eanebrakes in the far south
swarm with the dreaded eottonmouth,
and local species occur in thousands on
parts of the plains and Rooky Moun
tains, particularly in the tufa craters of
warm springs, in Utah. But perhaps
the nearest approach to the "den " of
the sensational picture is an island in
Pyramid lake. Nevada, whore during
the warm months "it is absolutely dan
gerous to walk about those parts of the
island where they are colonized."
This animal is easily killed or dis
abled, however, and has in man an im
placable enemy not only directly but in
many indirect ways; yet there are few
localities favorable to him Where ho has
been exterminated. You can find rat
tlesnakes in plenty, for example, witfiin
five miles of the center of New Haven.
It is doubtful if any of the soveral
species will ever suffer extinction.
Scales being undistensible and never
falling out to be replaced, like hair and
feathers (with which they have no
homology), serpents get room for
growth and renew their coats periodic
ally by- sloughing oft' the entire skin,
underneath which a new external skill
has formed and separated itself from
the now faded and husky cuticule. This
process occurs during August in the
adult, two or three changes happening
in a single summer with youngsters,
who outgrow their vestments very
speedily. It is a popular idea that this
midsummer sloughing occupies a con
siderable period, during which the ser
pents are harmless, because blind. It
is quite supposable that this might be
so, since the outer layer of the cornea of
the eye peels oft'with the slough, and
during a few preceding days the eye has
a dull and filmy appearance. But cap
tive snakes, given active mice at this
time, attack them without hesitation or
missing. After the molt the eye gleams
bright and cold like a jewel, but with a
sullen, ferocious and relentless expres
sion, for it is overhung by the bony
penthouse of the broad, strong superor
ltable bones that give a fulcrum for the
powerful muscles of the jaws. This
cruel eye and its fixed stare introduces
the once vexing question of fascination;
but before discussing it, some account of
the food and feeding habits of our sub
ject will be well.
The disposition of the whole family is
sluggish and opposed to any active
movement and even in taking its prey,
beyond the one lighting swift blow that
smites it down—so startling a contrast
to the ordinary lethargy! The mocassin,
to be sure, is somewhat an exception,
since he is a good swimmer and chases
in their element frogs, water snakes,
tadpoles, and the less agile fishes, like
the catfish.
The most rapid exertions of rattle
snakes are aroused in fieeing from dan
ger; yet, when doing their best on open
ground, their pace can easily be equaled
by a child, without running, as l have
seen on the plains, so that a blacksnake
or a Entania, could not only overtake,
but circle round aud round them. Their
plan in food-getting, then, is not to
pursue their prey, but to lie in wait for
it and strike before their presence is
suspected. Protected by his colors, that
assimilate him to the haunts he most
frequents, whether woods or rocks, as
in the eastern crotall, or the barren up
lands chosen by the far western species;
the shaded morasses threaded by the
dark-skinned massasaugas; the' lush
meadows where the copperhead lurks;
the stream-bank or ricc-ndge where the
eottonmouth plunges into tlie water; or
the yellow weeds under whose mottled
shadows the little ground rattle«*; be
come visible—hidden, and motionless
for hours together in one or another of
these resorts, the erotulus coils in patient
vigilance. " Though aware of tne pas
senger's presence, ho either lies quiet
or glides away to a more retired spot."
His course is that of the darkey who
was urged to follow one into the thicket
and kill it: " Massa. I nebber hodders
nullin' wot don't bodder me; I makes
dat a rule!" Here, again, nevertheless,
an exception must be noted for the cop
perhead, and more especially for the
moccasin—vicious reptiles, asking little
provocation before inflicting their dead
ly wound. Holbrook says the moccasin
" attacks everything that comes within
its reach, erecting its head and opening
its mouth for some seconds before H
bites." All other snakes put in a cage
with it show the keenest terror. No
species of crotalus, however, will follow
the object of its rage as do some of the
non-venomous serpents
Such are facts respecting the food
getting of the rattlesnakes, while those
of other serpents would furnish an
equally prosaic explanation; yet the
notion that the small, bead-like eye, and
tongue darting forked flame from black
lips, exerted a charm or fascination
upon smaller animals, luring them
within reach of the fatal stroke, is as
old as the fabled basilisk—older, indeed,
for to it, no doubt, the very image of the
basilisk owes its origin. Traveling
westward, it came to America with the
earliest bookmakers, and was at once
attached to our subject and to the black
snake. "Birds have been seen to drop
into its mouth," wrote Penant; "squir
rels descend from their trees, and
leverets run into its jaws. Terror and
amazement seem to lav hold on these
little animals," etc., etc. "All agree,"
says old Catesby, of South Carolina,
who confesses he never witnessed the
phenomenon of fascination for himself
—" all agree in the manner of the pro
cess, which is that the animals, particu
larly birds andsquirrele.nosoonerspy the
snake than they skip from spray to spray
hovering and approaching gradually
nearer the enemy, regardless of any
other danger, but with distracted gest
ures and outcries, descend though from
the tops of the loftiest trees, to the'
mouth of the snake who opens his jaws,
takes them in, and instantly swallows
them ."—Ernest Ingersoll, in The Man
hattan.
A Stage-Coach Dialogue.
The seat of honor and pleasure in a
journey overland is by the driver, and
there is always a scramble for it, and
the one who succeeds in securing it is
regarded as a lucky fellow'. I got left
in my contest for a seat on the top and
found myself recently inside of the
stage, with a clergyman and a man
whom I took for a miner, during a trip
to Silver City, N. M. The preacher
and I.sat on the back seat, and tho
native sat facing us. He was dressed
in the regulation costume of the
country: Dark pants stuck in his boots
and held up bv a six-shooter buckled
around the waist, blue flannel shirt,
flaming red necktie, and a great som
brero. A knife was stuck in his boot
and ho carried a Winchester rifle on
the seat beside him. Taking him all in
all, he was about us ugly looking a
specimen of humanity as I have met.
As the stage rolled along, the miner
looked out of the window as if in deep
thought. The preacher and I entered
into conversation, during which ho
asked my business. I told him, when
he asked:
"Do the great papers buy literary
articles?"
"Yes, sir, when they are good."
"Do they pay for them liberally?"
"They do, when they' accept the arti
cles."
"Well, I have got some very inter
esting subjects I could write about," lie
continued, as the stage jolted over tho
rough road, making it a little hard to
distinguish what he was saying. "For
five years I was a missionary at Siam
and saw many strange and oven start
ling things."
"What were those scenes you refer
to?" I askod.
"Well, the punishment of criminals
was exceedingly strange and is worthy
of description. When a person is con
victed of crime there ho is taken out
upon the public square for execution.
Ills neck is bared well down upon the
shoulders, and the executioner dips his
finger in mud and with it. makes a
mark upon the neck of the doomed
man."
"What kind of mud?" shouted the
miner in a voice like a thunder-clap,
while he glared at the parson savagely.
I noticed that, although lie kept peer
ing out of the window, ho hail followed
our conversation for some time.
A sort of yellowish mud," replied
the preacher, evidently disturbed by the
miner's look and manner. But ho con
tinned.
The executioner then takes his
heavy sword and with one quick and
decisive blow severs the victim's head
from his body."
"It's an infernal lie," yelled the min
r, in tones that might have been heard
four miles. "The boys do occasionally
hang a horse-thief there, and the town
has a pretty bad name, but they never
cut people's heads off. There ain't only
one sword in the whole place, and that
belongs to n militia Captain and
wouldn't cut the head off of a turnip."
"But I was a missionary there for
five years," meekly interposed the min
ister.
"And I was a barber there for seven
years, and I never shaved you,
neither."
"My friend, that can not be; for tho
people never shave there."
"That's another of your infernal lies;
they're as clean a shaven set of people
as thar is in the West. You're a nice
man'to be giving the town a bad name
after you have left it. If it weren't
kind of agin the fashion to hit a parson
I'd knock your head oft' of you fur your
lies," cried the miner, getting madder
everv minute.
"My dear friend," said the minister,
imploringly, and evidently much dis
turbed for his safety, "there certainly
must be some mistake. You do not
mean to say that you were a barber in
the Kingdom of Siam, where people
nevershaveP"
"Oh! I thought you were talking
about Cheyenne," said the miner, as he
fell back into his chair disgusted.
1 was the only man who seemed to
enjoy this amusing incident, and even I
found it good policy to show as little
disposition to laugh as possible. The
stage rolled on for miles after it oc
curred, and not a word was spoken by
any one. The miner looked more in
tently than ever out of the window, and
yet there was not an expression on his
stolid face to indicate what his thoughts
were. The preacher looked as intently
out from the opposite side of the stage,
and I spent my time watching-the min
er, looking at the strange region through
which we were passing. —Cor. Philadel
phia Press.
near
live
of
thus
to
a
the
ing
to
a
to
to
s.
—Sea Girt and Spring Lake, the twin
seaside resorts on the Jersey coast, now
have the patronage of those "awfully
exclusive" Philadelphians who used to
hold forth at Long Branch in the old
days, but who now think it overrun
with "those horrid New Yorkers."—
Detroit Post
SCIENCE AND INDUSTRY.
— Grape-culture is assuming large pro
portions in North Carolina. One grower
near Charlotte expects to ship twenty
live tofts of the fruit this season.— N. Jr.
Tribune.
—According to the Weisz system of
type-setting, recently introduced in
Vienna, the type is cast in syllables,
common prefixes, suffixes, etc., instead
of letters, and a great saving of time is
thus effected, it is claimed.
—A pieco of oyster-ground off Mil
ford, Conn., containing six hundred
acres, has been sold to parties in Cali
fornia, who )iave been shipping seed
oysters quite extensively to that coast
to plaut in San Francisco bay .—Boston
Herald.
—A New Orleans man has discovered
a new mode of tanning and preserving
the skin of Louisiana's bird, the peli
can, by which the feathers are not dam
aged and the bird's skin with tho
feathers on it can be utilized for mak
ing turbans and hats for ladies.— N. O.
Picayune.
—Those who object to the odors of tho
disinfectants used at the present day
will find charcoal unobjectionable on
this account, while it absorbs gases in a
surprising way; pieces can be laid on
plates and put out of sight iu a sick
room.— N. Y. Times.
—Tho nettle, a growth common to
nearly all of tho States, and which has
hitherto been a source of great trouble
to farmers, has now been found to yield
a fiber, which it is claimed, will sup
plement cotton in the manufacture of
cloth. Cloth made from it, on trial, has
been adjudged equal in toxturu and ap
pearance to linen .— Chicago Journal.
—A Swiss watchmaker iu Pennsyl
vania has completed an automatic clock,
which for intricate mechanism is said
to surpass the celebrated one at Stras
burg. During twelve hours it plays
three musical selections, and 2,022 au
tomatic movements are made. Of course,
the machinery is go arranged as to per
mit the entire performance of the au
tomatons taking place every fifteen or
twenty minutes .-—Philadelphia Press.
—Mr. F. L. Slocum has examined the
ink for writing on glass and, according
to the American Journal Pharmacy , re
ports that it is made by mixing barium
sulphate, three parts; ammonium fluo
ride, one part; and sulphuric acid q.
s. to decompose the ammonium lino
ride and make the mixture of a semi
fluid consistency. It should lie pre
pared in a leaden dish, and kept in a
gutta-percha or leaden bottle.
—Turpentine is regarded by many
persons as an antidote to poisoning by
phosphorus. It is not the ordinary
turpentine which should bo given, but
the acid French turpentine, or old tur
pentine which has been exposed to the
air long enough to have become ozon
ized by absorbing oxygon. If this be
administered while the phosphorus is
still in the stomach it, changes the poi
son into an inert substance which re
sembles spermaceti. After phosphorus
has entered into the circulation the only
remedy is transfusion of fresh blood
into tlic veins.— N. I'. Times.
PITH AND POINT.
-The sale of boot-jacks last year i\ ns
91,000 less than the year before. Is
this country going to bed with her boots
on ?—Detroit Free Press.
—Three-fifths of the fashionable alli
gator satchels and pocket-books are
made from pig-skin. This, at least, is
the allegation, but perhaps the allegator
lies .—Philadelphia News.
—"1 am saturated to the epidermis,"
said the high-school girl, throwing her
gum boots into the corner. " I don't
wonder at that," replied her mother;
"they give you such hard lessons at
school ! "— N. Y. Journal.
—Tho Crow Indians have been caught
putting rocks in tho bales of hay they
sell to tho Government.. The day is
not far distant when all Indians will be
civilized enough to vote .—Philadelphia
News.
—In modern Egypt a young man is
not permitted to see his wife's face
before marriage. Whoever has invested
in prize packages can imagine the feel
ings of tho average young Egyptian
as ho gazes on his trinket for the first
time .—Modern Argo.
—"A beautiful Boston girl has crossed
to Europe in the steerage of tho Cunard
liner, just to see how it was," says an
exchange. For the same reason her
mother has been keeping hoarders to
pay the daughter's expenses.— AT. O.
Picayune.
—They were approaching an ice
cream saloon, and she said : "Oh,
Charley, I'm going to have a new dress
cut bias—Oh—oo. S-p-p-p !—there's an
ice-cream saloon. Goody!" "Yes,
and it is like your new dress, for it will
be cut by us;" and the horrid old
wretch led the panting damsel across
the street .—New Haven Begister.
—Little Johnny says that when he
was a baby, his mother tells him that
he was as good as pie, and used to sleep
all night and half the day. Now, when
he does not get up the first time he is
called, he gets a fearful scolding and
occasionally something else beside. He
can't see why what was praiseworthy
in the infant should bejreprehensible iu
the boy.— N. Y. Post.
—Miss Jenny Marks, of Baltimore,
won a sewing-machine by making a
guess at the number of pills in a bottle
in a window. There were 25,100 pills
in the bottle, and she guessed 25,190.
There were over 5,000 guesses, and the
worst one was a guess of 9.000,000.
The man who guessed 9,000,000 was
one of those fellows who get their edu
duty
tract
note
was
take
ule
Mike
and
next.
haul
late
rived
gave
the
I It
II.
The
is
mid
tee
no
an
it
and
of
an
nite
A
sion
The
of
not,
the
to
its
He
by
to
on
•.v
uur cn iiiuac icuuws wuu iuuu caiu
cation by reading gas-meters.— Oil Citu
Derrick.
iu
a
the
was
COMMERCIAL LAW.
Drlef Digests of Late Désistons.
Compiled Spec tally for the St. Louis Connues
«tut Oatette.l
VKNDOK AND VENDEE.
Where a seller has performed all his
duty to a portion of the things sold,that
portion becomes tho property of the pur
chaser and at ids risk, whether the con
tract is an entirety or not. J. was in
embarrassed circumstances and owed a
note to H. which had not matured. , It
was agreed between them that H. should
take lumber out of T.'s yards at sched
ule prices, in full payment. H. was to
Mike all of T.'s poplar lumber on hand
and the balance in pine ceiling. II. ac
cordingly pioked out the poplar lumber,
whieb was counted to him by J. in
bundles as it lay, each bundle being
marked with the number of feet it con
tained, which marking was accepted as
correct. The amount of feet, and their
value was then calculated and agreed
upon, and the balance ascertained
which II. was to tuko in pine ceiling
next. day. H. left the poplar lumber
where it lay, by itself in bundles In a
separate shed in J.'s yank and was to
haul it away next morning. This was
late in the afternoon. Before II. ar
rived next, morning the property was
attached by another creditor of J. H.
claimed it and the attaching creditor
gave bond for it. Held, in an action on
the bond by H. that on theso facts the
I It In to tho poplar lumber had passed to
II. ut tho date of tho attachment, ac
cording to tho intention of the original
parties to tho transfer of the lumber.—
State to the use of Holland et al. va.
The Knapp, Stout & Co. Company, 8t.
Louis Court of Appeals.
DECLARATION OF TRUST AND DEED.
If a conveyance is made to a trustee
upon trust thereafter to be declared, or
designated, by the grantor, tho trustee
is bound by such declaration and desig
nation us completely as If the deed and
declaration of trust were simultaneous
mid part ami one of the same transac
tion. When a deed from a father to an
infant child Is executed and acknowl
edged, but never delivered to the gran
tee or put upon record, and there are
no other acts of the grantor manifesting
an intention to make an operative grant,
it will not be considered as onerative
and conveying any title. A declaration
of trust to use the property "for the
mirposc of providing an agricultural
home for poor boys in connection with
an industrial school," is sufficiently defi
nite to create a valid trust and donation.
A test to determine whether a trust is
siitfioiently definite, is to inquire whether
upon the neglect of the trustee to per
form, there is sufficient certainty to
enable a court of equity to take posses
sion of the fund aud exociito tlio trust.
The fact that the dueds and declaration
of trust were not placed upon reoord
until after the grantor's death, does
not, in view of the fact, that they, with
the personal property, were delivered
to tlio trustee properly indorsed by the
donor, defeat the title of the trustee.—
Geraglity vs. Ireland ot al.. United
States Circuit Court for the Northern
District of Illinois.
AliENT I'LEDUINO SECURITY,
The plaintiff was entrusted by the de
fendant with one of its bonds to use as
collateral security in raising money for
its own use, on tho note of a third
person, lie did, in faot pledge the
bond with one of Ills own notes, but ac
counted to the company for the pro
ceeds, and was then and for a time
Uiercufter its creditor for a large sura.
He subsequently became a defaulter,
owing the compnny far more than the
amount of the bond. In a suit upon it
by the pledgee, it was held lie liait sub
stantially complied with his duty, and
that the defendant, having received the
money nt the time without objection as
to tlio manner in which it was raised,
must be considered to have ratified his
action. Flemming vs. Camden & At
lantic Railroad Company, Philadelphia
Court Common Pleas.
for his personal enjoyment
there was no right of
recovery against
TRESPASSING ON RAILROAD.
A child of tender years was standing
on tho platform of a railroad company,
•.v here he claims ho was struck by a pro
jection from the side of u passing traiu,
pulled from the platform and injured.
He was not a passenger, nor had he
business of any kind with the railroad
company or its agents or employes, but
was simply loitering upon the jilat.form
•y against
the railroad company for the injuries
sustained. It makes no difference in
such a case whether it be a child or an
adult, the question of tre-puss remains
the same.—Baltimore & Ohio Railroad
Company vs. Schwindling, Supreme
Court of Pennsylvania.
PRESUMPTION or DEATH.
The presumption of death from an ab
sence of seven years is held not to apply
to a case where the person's absence is
accounted for by the fact of his having
lied to escape the consequences ol ap
propriating trust moneys, and hence had
a strong motive for silence and conceal
ment of his whereabouts.—Estate of
Wolff, deceased, Orphan's Circuit ol
Philadelphia.
CONTRACT FOR SERVICE.
Where one. employed for a definite
time, at a gross sum, is unlawfully dis
charged before the expiration of his
terra he may recover as damages the
difference between the contract prico
and the amount received by him to
gether with what he was enabled to
earn during the term after his discharge.
— ------—c *--------- »
Citu —Everson vs. Powers, New York Court
I of Appeals,